(a) Prohibited Uses. The following evidence is not admissible in a civil or criminal
proceeding
involving alleged sexual misconduct:

(1) evidence offered to prove that a victim engaged in other sexual behavior; or

(2) evidence offered to prove a victim's sexual predisposition.

(b) Exceptions. In a criminal case, the following evidence is admissible, if
otherwise admissible
under these rules:

(1) Criminal Cases. The court may admit the following evidence in a criminal
case:

(1) evidence of specific instances of sexual behavior by the alleged victim offered
to prove that a
person other than the accused was the source of semen, injury, or other physical
evidence;

(A) evidence of specific instances of a victim's sexual behavior, if offered to prove that
someone
other than the defendant was the source of semen, injury, or other physical evidence;

(2) evidence of specific instances of sexual behavior by the alleged victim with
respect to the
person accused of the sexual misconduct, offered by the accused to prove consent or by the
prosecution; and

(B) evidence of specific instances of a victim's sexual behavior with respect to the
person accused
of the sexual misconduct, if offered by the defendant to prove consent or if offered by the
prosecutor; and

(3) evidence the exclusion of which would violate the constitutional rights of the
defendant.

(2) Civil Cases. In a civil case, the court may admit evidence offered to prove a victim's
sexual
behavior or sexual predisposition if its probative value substantially outweighs the danger of
harm
to any victim and of unfair prejudice to any party. The court may admit evidence of a victim's
reputation only if the victim has placed it in controversy.

(c) Procedure to Determine Admissibility.

(1) A party intending to offer evidence under subdivision (b) must:

(A) file a written motion at least 14 days before trial specifically describing the
evidence and
stating the purpose for which it is offered unless the court, for good cause requires a different
time
for filing or permits filing during trial; and

(B) serve the motion on all parties and notify the alleged victim or, when
appropriate, the alleged
victim's guardian or representative.

(1) Motion. If a party intends to offer evidence under Rule 412(b), the party must:

(A) file a motion that specifically describes the evidence and states the purpose for
which it is to
be offered;

(B) do so at least 14 days before trial unless the court, for good cause, sets a different
time;

(C) serve the motion on all parties; and

(D) notify the victim or, when appropriate, the victim's guardian or representative.

(2) Before admitting evidence under this rule, the court must conduct a hearing in
camera and
afford the victim and parties a right to attend and be heard. The motion, related papers, and the
record of the hearing must be sealed and remain under seal unless the court orders
otherwise.

(2) Hearing. Before admitting evidence under this rule, the court must conduct an in
camera
hearing and give the victim and parties a right to attend and be heard. Unless the court orders
otherwise, the motion, related materials, and the record of the hearing must be and remain
sealed.

(d) Definition of "Victim." In this rule, "victim" includes an alleged victim.

Rule 412 is derived from Fed.R.Ev. 412. As explained in the federal advisory
committee notes, the
rule is designed to safeguard a victim from invasion of privacy, potential embarrassment and
sexual
stereotyping associated with public disclosure of intimate sexual details and the infusion of
sexual
innuendo into the fact finding process. By affording victims protection in most instances, the rule
also encourages victims of sexual misconduct to institute and to participate in legal proceedings
against alleged offenders.

Paragraph (b)(2) was added, effective________________, to establish a standard for
the admission
of sexual behavior evidence in civil cases.

Subdivision (d) was added, effective________________, to clarify that the definition
of "victim"
includes "alleged victim."

Rule 412 was amended, effective ______________, in response to the December 1,
2011, revision
of the Federal Rules of Evidence. The language and organization of the rule were changed to
make
the rule more easily understood and to make style and terminology consistent throughout the
rules.